CivPro Flashcards
(41 cards)
Personal Jurisdiction Roadmap
(1) Traditional Bases
(2) Long Arm Statute
(3) Due Process/Minimum Contacts
(4) Fairness
Traditional Bases
(1) Domicile
(2) Consent
(3) Presence when served
(4) In Rem Jx
Long Arm Statute
ALWAYS needed to exercise jx over non-resident defendant.
Due Process/Minimum Contacts
Due Process requires that the defendant have minimum contacts with the forum so that PJ doesn’t offend traditional notions of fair play and substantial justice.
2 Kinds: General & Specific
General Jurisdiction
Contacts must be SYSTEMATIC and CONTINUOUS that they render defendant ESSENTIALLY AT HOME.
Essentially home limited to domicile -> State of Inc. or PPOB
Specific Jurisdction
(1) Purposeful availment of the privileges and benefits of forum (like use of roads)
(2) Foreseeability
(3) Relatedness, claim arose out of or is related to contacts
Ford v. Montana Rule
Specific defective product does not need to be manufactured in the harm. Defendant just needs contacts related to the product in the forum.
Fairness
(1) Trial in forum not GRAVELY DIFFICULT or INCONVENIENT
(2) Forum has INTEREST in providing redress
(3) P’s INTEREST in convenient relief
Federal Service of Process
Anyone over 18, and not a party, can serve.
Effective Service:
(1) Personal
(2) Left at usual home with some of suitable age and discretion
(3) Service on officer or agent
(4) According to State rule
Federal Foreign Service of Process
(1) international agreement,
(2) under foreign law, or
(3) unless prohibited, by personal service or by mail with return receipt requested.
CA Service of Process
Anyone over 18, and not a party, can serve.
Effective Service:
(1) personal service,
(2) substituted service (leaving copy ay authorized locations with specific individuals, plus mailing a copy),
(3) service by ordinary mail (BUT ONLY with returned Notice and Acknowledgement of Service), and
(4) service by publication (4 weeks in newspaper of general circulation).
Subject Matter Jurisdiction
(1) Federal Question or
(2) Diversity Jurisdiction
Complete Diversity
Person - Domicile
Corp - (1) State of Inc or (2) PPOB
Alien - resident or subject of foreign nation, and NOT a legal resident of US in the same state as the other party
CANNOT have aliens on both sides
Aggregating Claims
P can aggregate all claims against D and all
claims against JSL Ds but NOT separate claims against multiple defendants
Mult cannot aggregate claims against UNLESS single title or right in a common interest
Supplemental Jx
Claims share COMMON NUCLEUS OF OPERATIVE FACTS
Federal Venue
Proper district where
(1) 1 Defendant resides IF all D reside in same state OR
(2) Substantial part of the events occurred there. BUT
(3) If not 1 or 2, apply district where ANY D would be subject to personal jurisdictionistr
Federal Transfer of Venue
(1) Was OG proper?
(2) Is new one proper?
(3) Does balance of factors favor new venue
CA Venue
Proper COUNTY where
(1) Any county that D resides A, and
(2) For K, county where obligation is performed or K was entered into and
(3) For PI, county of the injury
CA Transfer of Venue
(1) Court may transfer when: NO judge
qualified, convenience of witnesses, ends of justice promoted by change
(2) Balance convenience
Forum Non Conveniens
Proper venue moving to more convenient venue.
Public Factors: (Availability of forum, P’s choice, forum’s interest)
Private Factors: (where are the witnesses, evidence, cause of action)
Erie Doctrine Approach
Federal court sitting in diversity must apply state substantive and federal procedure. When there is a conflict:
(1) Federal rule on point? use it
(2) FRCP or Statute enacted under REA? Use it
(3) If still conflict, is the use of one or the other outcome determinative? IF YES, use state rule.
Removal
(1) Requires federal jx
(2) ONLY defendant can remove, all defendants must join
(3) D CANNOT remove if sued in state court in state of residence
(4) Timely - within 30 days after service
Federal - Notice Pleading
(1) Short and plain statement or jx grounds
(2) Short and plain statement of claim showing that pleader is entitled to relief and
(3) demand for judgment for relief pleader seeks
PLAUSIBLE
CA - Fact (Code) Pleading
(1) Statement of facts constituting cause of action
(2) Ultimate facts - raise issues upon the right to recover depends
(3) Legal conclusions/evidentiary facts may be stricken
(4) NO negative pregnant
